Opinion
452
March 11, 2003.
Order and judgment (one paper), Supreme Court, New York County (Michael Stallman, J.), entered January 14, 2002, which denied petitioner licensee's application to annul respondent Taxi and Limousine Commission's determination not to vacate its prior determination suspending petitioner's license for 30 days and imposing other penalties upon his failure to appear at a hearing into charges of various rule violations, and dismissed the petition, unanimously affirmed, without costs.
Walter S. Moore, Pro Se.
Cheryl Payer, for defendant-respondent.
Before: Nardelli, J.P., Buckley, Rosenberger, Marlow, JJ.
Respondent's determination denying petitioner's motion to vacate his default (35 RCNY 8-12[d]) was not arbitrary and capricious (see Matter of Bungeroth v. New York City Taxi Limousine Commn., 222 A.D.2d 221, lv denied 87 N.Y.2d 809).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.